Solicitation_-_W91CRB-19-R-0038.pdf

CODE

(Hour)

PAGE(S)

until 10:00 AM local time 28 Aug 2019

X

A X B X C X D

EX

X

G F

49 - 58 X H 59 - 65 alexandra.c.bryant.civ@mail.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 65

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W91CRB 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ALEXANDRA C. BRYANT 410-278-5017

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 15

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

16 - 29

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

31 - 33

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 35 - 36 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 37 - 38 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

39 - 47

PART II - CONTRACT CLAUSES

ACC - APG - W91CRB

BLDG 4310

6515 INTEGRITY COURT

ABERDEEN PROVING GROUND MD 21005-3013

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

29 May 2019

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W91CRB-19-R-0038

Section A - Solicitation/Contract Form

SUPPLEMENTAL INFORMATION

Vendor Questions All questions in regards to the subject Request for Proposal (RFP) shall be submitted via email to Alexandra Bryant at alexandra.c.bryant.civ@mail.mil. The deadline for questions is hereby established as 10:00am Eastern Time on 14 August 2019. Questions submitted after the deadline may or may not be answered. The Government will determine if answering questions submitted after the deadline is in the best interest of the Government.

Contract Information

Contract Type:

The Government anticipates awarding aproximatly three (3) contracts with atleast one (1) award being restricted for a Small Business, provided the Government receives at least one technically acceptable proposal from a Small Business with a fair and reasonable proposed price.

The basic contracts will be issued on an Indefinite Quanity/Indefinite Delivery (ID/IQ) type basis for five (5) years in accordance with FAR 16.504. Contract and individual delivery orders issued under the basic contract shall be on a Firm Fixed Price (FFP) basis and will specify SAPI NSN, Size, Quantity, Required Delivery Schedule, and Shipping Instructions. As a multiple award contract vehicle, the Government will provide awardees fair opportunity to be considered for each delivery order in accordance with FAR 16.505(b)(1).

The Government reserves the right to split follow-on orders, between one or more awardees, depending on the urgency of the requirement, SAPI quantity, and funding availability.

The period of performance shall begin after contract award or, if performance after award becomes subject to a stay, 14 days after that stay is lifted.

Contract Minimum:

The first Delivery Order(s) will be issued for First Article Test (FAT) quantities and a minimum of 200 SAPI plates concurrently with the basic ID/IQ award(s) and will satisfy the contract minimum.

The Government reserves the right to award only the minimum, there is no guarantee that the minimum will be exceeded.

Contract Maximum:

188,594 SAPI plates is considered the overall IDIQ contract maximum. The total sum of ALL multiple awardee contract delivery orders shall not exceed 188,594 SAPI plates.

Proposed unit prices are binding for the successful offeror(s) as ceiling prices for delivery orders, will be incorporated into the resultant contracts, and represent the maximum Unit Price amount throughout the five-year ordering period of the resultant contract(s). These maximum Unit Prices will be incorporated into this contract at the CLIN level.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each First Article Test (FAT)

FFP

First Article Test (FAT) FOB: Destination

PSC CD: 8470

NET AMT

1001 740 Each

SAPI - XSMALL - YEAR 1 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Small (XSmall) in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

NSN: 8470-01-497-8701

1002 12,000 Each

SAPI - SMALL - YEAR 1 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Small in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

NSN: 8470-01-497-8709

1003 15,000 Each

SAPI - MEDIUM - YEAR 1 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Medium in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

NSN: 8470-01-497-8710

1004 7,000 Each

SAPI - LARGE - YEAR 1 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Large in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

NSN: 8470-01-497-8712

1005 1,500 Each

SAPI - XLARGE - YEAR 1 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Large (XLarge) in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

NSN: 8470-01-497-8714

2001 755 Each

SAPI - XSMALL - YEAR 2 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Small (XSmall) in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

2002 12,240 Each

SAPI - SMALL - YEAR 2 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Small in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

2003 15,300 Each

SAPI - MEDIUM - YEAR 2 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Medium in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

2004 7,140 Each

SAPI - LARGE - YEAR 2 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Large in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

2005 1,530 Each

SAPI - XLARGE - YEAR 2 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Large (XLarge) in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

3001 770 Each

SAPI - XSMALL - YEAR 3 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Small (XSmall) in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

3002 12,485 Each

SAPI - SMALL - YEAR 3 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Small in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

3003 15,606 Each

SAPI - MEDIUM - YEAR 3 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Medium in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

3004 7,283 Each

SAPI - LARGE - YEAR 3 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Large in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

3005 1,561 Each

SAPI - XLARGE - YEAR 3 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Large (XLarge) in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

4001 785 Each

SAPI - XSMALL - YEAR 4 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Small (XSmall) in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

4002 12,734 Each

SAPI - SMALL - YEAR 4 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Small in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

4003 15,918 Each

SAPI - MEDIUM - YEAR 4 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Medium in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

4004 7,428 Each

SAPI - LARGE - YEAR 4 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Large in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

4005 1,592 Each

SAPI - XLARGE - YEAR 4 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Large (XLarge) in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

5001 801 Each

SAPI - XSMALL - YEAR 5 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Small (XSmall) in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

5002 12,989 Each

SAPI - SMALL - YEAR 5 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Small in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

5003 16,236 Each

SAPI - MEDIUM - YEAR 5 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Medium in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

5004 7,577 Each

SAPI - LARGE - YEAR 5 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Large in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

5005 1,624 Each

SAPI - XLARGE - YEAR 5 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Large (XLarge) in accordance with Purchase Description CO/PD 00-03G.

FOB: Origin (Shipping Point)

Section C - Descriptions and Specifications

SAPI PURCHASE DESCRIPTION

CO/PD 00-03 Revision G dated 14 November 2018, found as attachment at Section J.

SECURITY: Due to the nature of the body armor requirements, there is a need for operations security. The Government considers all documents handled or generated in conjunction with the body armor acquisition to be unclassified information of a sensitive and proprietary nature that must be protected against release to unauthorized individuals. During all phases, to include the post-award-phase, release of any information associated with this acquisition to any individual, firm or business is prohibited without the express written approval of the Contracting Officer. Further, product information shall not be shown, displayed or discussed at any trade show, symposium or any other medium without the express written approval of the Contracting Officer. Reproduction of any documents provided by the Government is strictly prohibited without the express written approval of the Contracting Officer.

Any indication that such information has been made available to unauthorized individuals may result in termination of any resultant contract. Request for approval to release information submitted to the Contracting Officer for approval shall identify the specific information to be released, the medium to be used and the purpose of the release.

CRITICAL SAFETY ITEM: According to the Defense Acquisition Guidebook DoDD 5000-01, "Critical Safety Items (CSIs) are parts whose failure would cause loss of life, permanent disability or major injury, loss of a system, or significant equipment damage." The SAPI is considered a Critical Safety Item.

CRITICAL APPLICATION ITEM-SOURCE INSPECTION REQUIRED. All quality assurance/lot acceptance testing for PRODUCTION lots shall be conducted at US Army Aberdeen Test Center (ATC).

Notification shall be provided to the Technical Point of Contact (TPOC) ten (10) days prior to any testing in the event the Government wants to witness testing. No lot shall be released from the contractor's plant prior to receipt of passing test reports that are approved by Technical Management Directorate, Project Manager Soldier Protection and Individual Equipment, Program Executive Office (PEO) Soldier, and DCMA QAR.

When requested by the Government, the Contractor shall provide measurements and Certificates of Conformance for all material properties identified in the performance requirements by specific test methods.

Lot numbering is applicable and shall be sequential.

Copies of all Test Reports are to be submitted electronically to:

U.S. Army Security Assistance Command (USASAC) Special Products Division New Cumberland, PA

ATTN:

Laurel Imes, laurel.a.imes.civ@mail.mil

Testing shall be conducted at the following address:

US Army Aberdeen Test Center 400 Colleran Road, BLDG 358 ATTN: Quentin Wagner (quentin.c.wagner.civ@mail.mil) Phone: 410-278-0664 Aberdeen Proving Ground, MD 21005

ACCOUNTING FOR ITEMS CONSUMED/USED IN THE CONDUCT OF LOT ACCEPTANCE TESTING

(LAT).

All costs incurred for Lot Acceptance Testing (LAT) Lot Testing performed in conjunction with this contract will be borne by the contractor, to include but not limited to transportation, the LAT testing conducted by Aberdeen Test Center (ATC), and the ballistic plates consumed, expended, and /or otherwise rendered unusable as a result of testing.

Ballistic plates consumed during the conduct of Lot Acceptance Testing will not be included as part of deliverable quantities stated in the contract.

**** NOTE: Post Award First Article Testing (FAT) is required and FAT articles shall be delivered to the test facility NLT 60 days after contract award, before submission of the first full production lot. First lot SAPI plates shall be delivered 90 days after FAT approval.

For Post Award First Article Testing and Lot Acceptance Testing - ALL quality assurance/lot acceptance testing for PRODUCTION lots shall be conducted at US Army Aberdeen Test Center (ATC). The Contractor shall submit 117 each (not sets) first articles (23 x-small, 23 small, 25 medium, 23 large, 23 x-large), and one (1) SAPI dry lay-up (size medium) of all components. Testing will be conducted at ATC in accordance with this Request for Proposal (RFP) and applicable attachments found at Section J. The Government will issue a letter of approval to the Contractor after successful completion of FAT. The cost of such testing (including the articales and tests themselves) is the responsibility of the Contractor.

The following information is provided in accordance with FAR 9.306:

1. The performance or other characteristics that the first article must meet for approval can be found in CO/PD 00-03 Revision G, found as an attachment in Section J of this solicitation.

2. The detailed technical requirements for the tests that must be performed for approval can be found in the CO/PD 00-03 Revision G, found as an attachment in Section J of this solicitation.

3. The necessary data that must be submitted to the Government in the first article approval test report can be found in the CO/PD 00-03 Revision G, found as an attachment in Section J of this solicitation.

4. The SAPI Spall Cover shall be Camouflage Black as specified in CO/PD 00-03 Revision G paragraphs 3.5.5 and 4.6.5.

5. The Pathfinder Shoot Pack shall be the Surrogate Shoot Pack, as defined in CO/PD 00-03 Revision G paragraphs 3.8.3 and 4.9.12, used for all ballistic testing.

6. ESAPI Drawings: 2-6-0588 x-small, 2-6-0589 small, 2-6-0590 medium, 2-6-0591 large and 2-6- 0592 x-large, all Revision A6, will be applied for dimensions and tolerances only. All other requirements are per CO/PD 00-03 Revision G.

7. The Government may waive the requirement for first article approval testing for identical SAPI items with an existing and current, Contracting Officer signed, FAT approval Letter.

8. Delivery schedules are established, and will be provided in Section F for each respective FMS Case.

9. The prices for first articles and first article tests in relation to production quantities shall not be separately priced.

* If FMS requirements exceed the capacity of ATC to conduct testing, the Government reserves the right to contract testing to independent certified testing facilities, to include the National Institute of Justice (NIJ) certified testing facilities. ATC will manage this process and any necessary contracting action, including oversight of the testing conducted at independent certified testing facilities.

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS) Foreign Military Sales (FMS) Small Arms Protective Inserts (SAPI)

1 Introduction.

1.1 Background. The United States Security Assistance Command (USASAC) is procuring the Small Arms Protective Inserts (SAPIs) hard armor plate to support Foreign Military Sales (FMS) requirements. The SAPIs are designed to be worn by both mounted and dismounted personnel during operations against renegade organized factions, terrorists, snipers, criminals, looters or any person, element or hostile group. SAPIs are issued to the User as a set that includes front and rear protective inserts. This plate is no longer issued to United States Army Soldiers. The SAPIs provide ballistic protection against specific 5.56 millimeter (mm) and 7.62 mm threat rounds when used as a component of a plate carrier system.

1.2 Applicable Documents.

Personal Armor Small Arms Protective Inserts (SAPI) Purchase Description (PD) CO/PD 00-03 Revision G, dated 14 November 2018

SPS Security Classification Guide (SCG), Version 12.0, Dated 17 December 2012 DODI 5220.22, National Industrial Security Program (NISP), dated 18 March 2011 DD Form 441, Department of Defense Security Agreement, dated May 2008 FAR Clause 52.204-2, Security Requirements, (Aug 1996) Interface Control Document (ICD), Version 1.3, dated 25 September 2014

1.3 Scope of Work. This Performance Work Statement (PWS) describes the work required to produce the SAPIs.

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personnel services necessary to perform the work required to produce the SAPI per the requirements defined in CO/PD 00-03 Revision G, dated 14 November 2018. The Contractor shall perform to the standards in this contract.

1.4 Security Requirements.

1.4.1 The Contractor shall be responsible for safeguarding all Government property provided for Contractor use.

1.4.2 Neither the Contractor nor any of its Subcontractor shall disclose or cause to disseminate any information concerning operations of military activities and or sensitive performance requirements. Such action(s) could result in violation of the contract and possible legal actions.

1.4.3 All inquiries, comments, or complaints arising from any matter observed, experienced, or learned of as a result of or in connection with the performance of this contract, the resolution of which may require the dissemination of official information, shall be directed to the Contracting Officer’s Representative (COR) and the Contracting Officer (KO).

1.4.4 U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports are to be maintained by the Contractor, but remain the property of the U.S.

Government. These files and results must be surrendered to the COR when requested.

1.5 General Requirements.

1.5.1 Contracting Officer’s Representative. The COR monitors all technical aspects of the contract and assists in contract administration. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.5.2 Berry Amendment Compliance. The Contractor shall ensure that all products provided comply with the “Berry Amendment.” All applicable components of the item are to be “grown, reprocessed, reused, or produced in the United States”. All component parts shall be identifiable and traceable throughout the supply chain and in compliance with the “Berry Amendment”. Reference is made to DFARS Clause 252.225-7012, Preference for

Certain Domestic Commodities (December 2016) and Section E of the contract, Inspection and Acceptance; see 10 US Code 2533a.

1.5.3 Buy American Act and Trade Agreement Act Certification. The Contractor shall ensure that all products provided comply with FAR 52.225-1, Buy American Act and the Trade Agreement Act FAR 52.225-5. All pertinent FAR DFARs clauses will be included in the solicitation and subsequent contract; also see 41 US Code 8301-8305.

1.5.4 Organizational Conflict of Interest. USASAC may use Contractor personnel to perform work in support of this contract; these personnel will have access to or participate in the review of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements) or perform evaluation services (Quality Assurance Audits) which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in Federal Acquisition Regulation (FAR) Subpart 9.5. Any contractor personnel acting on behalf of the Government performing quality assurance audits and or engineering services shall be granted access to the manufacturing facilities to complete the duties immediately. The KO will affect the appropriate agreement for any verified violation of OCI.

1.6 First Article Test and Production Lot Acceptance Testing.

1.6.1 First Article Testing (FAT), Lot Acceptance Testing (LAT), and conformance inspections shall be conducted per contract, PD, and Contractor manufacturing procedures. FAT units to be manufactured shall use the same facilities, manufacturing processes, methods, equipment, and materials as the production units. Tests, inspections, and procedures used are subject to Government review and approval. The Contractor shall provide test data, traceability to materials, and procedures that verify the outcome contained in all Certificates of Conformance (CoC). The Government reserves the right to test end items, subcomponents, or materials at any time to verify conformance to these requirements. The Contractor shall produce all products in accordance with (IAW) an approved FAT design and Production Process Package (PPP). The Government reserves the right to suspend or revoke production authorization for non-compliance with the contract requirements, to include but not limited to the PD, FAT and PPP.

1.6.2 Corrective Action Report (CAR). In the event of a failure, the Contractor shall conduct initial failure analysis and provide a CAR response through the Defense Contract Management Agency (DCMA) (Quality Assurance Representative (QAR) to the KO, USASAC and PM-SPE IAW the Attachment in Section J.

1.6.3 The Contractor shall include all pertinent information for failure analysis (e.g., detailed failure analysis methodology, testing, identify the root cause, corrective action plan and validation plan) to assess the effectiveness of the corrective action and proposed disposition of the failed SAPI and lot, and containment actions. The Contractor shall include in the CAR documented evidence that rejected SAPIs are not sold to other USA Military Services, General Services Administration (GSA) and other venues in which Soldiers/Units may buy replacements using individual or unit funds. CAR procedures and delivery timeline are outlined in the Attachment in Section J.

1.6.3.1 A production authorization remains in effect and acceptance may continue unless:

1.6.3.1.1 The Contractor fails any single LAT. The KO will notify DCMA that acceptance shall be withheld after a LAT failure. The Contractor shall segregate the material of the lot in question from all other production lots in process, conduct a failure analysis, and provide a CAR response to the KO, DCMA and the COR IAW the Attachment in Section J. The KO will determine within thirty working days of receipt of the final CAR response if it is technically acceptable. If found to be technically unacceptable, the Contractor will be notified by the KO to resubmit the CAR response. The KO will notify the Contractor of Government acceptance of the CAR and if production under a previously approved FAT design may resume or if the Contractor must present a new design for first article qualification. If a new design is required, the Contractor shall submit the required samples for the Government to conduct first article testing (at the Contractor’s expense), as directed by the KO. Schedule delays because of product failure to satisfy the Government's requirements, as documented in the KO's correspondence to the Contractor is the responsibility of the Contractor. Cost to retest FAT products will be borne by the Contractor.

When a lot fails LAT and is subsequently rejected, that lot is rejected in total and no component parts shall be used in the production of any other lot, or any other Government contract, without written Government authorization.

Failed lots shall not be delivered and products failed shall not be commingled with other lots. The Government will have the right to revoke acceptance of any and all items that contains the same root-cause failure mode, and to require the Contractor to replace all affected units at the Contractor’s expense, including transportation costs.

Failures occurring during Government testing are also subject to this requirement. The Contractor shall remove all Government Labels from items within the reject lots.

1.6.3.1.2 The Contractor fails LAT requirements on two (2) consecutive lots. Consecutive lots are defined by production dates and not testing dates. Should this occur, the Government will withhold acceptance and may immediately cease all production (Stop Acceptance) from the Contractor. The Contractor shall segregate the lot in question from all other ongoing production lots, conduct an analysis, and submit a CAR after notification of failure.

The CAR process will follow the same provisions outlined in the section above; see Attachment in Section J for detail submission timeline.

1.6.3.1.3 A Pattern of Negative Trending or Failure (outside of the two (2) failed consecutive lots rule stated above).

This could include statistically significant shifts in performance, whether improvement or degradation in performance requirements as defined in the PD. Should this occur, the Government will withhold acceptance and may immediately require the Contractor to cease all production until a validated and effective corrective action plan is developed. The Contractor shall segregate the lots in question from all other ongoing production lots, conduct an analysis, and submit a CAR NLT ten (10) working days after notification of failure. The CAR process will follow the same provisions outlined in the section above. Schedule delays due to a pattern of negative trending or failure are the sole liability of the Contractor.

1.6.3.1.4 A Contractor Out of Production with an Approved First Article Design (for more than a period of 180 consecutive days). When multiple designs have been approved over the course of the contract, each design production time-line will be considered individually. Production is defined as the complete activation of all manufacturing operations established for an approved SAPI, components and assembly; the associated processes and activities (purchasing, manufacturing, personnel) necessary for the manufacturing of a finished product. The production clocks is established by the DCMA signature dates on the DD1222 Forms of the current lot and the previous lot; all production operations shall be active during this period for consecutive lots. A Contractor not in production for an approved design under the stipulations identified above will be subject to automatic revocation of production approval; a new FAT approval shall be required and borne by the Contractor

1.6.4 Address for FAT/LAT submission. Samples selected by the Government shall be submitted with a DD1222 for evaluation to the following address:

Contact Information DoDAAC: W81C5M U.S. Army Aberdeen Test Center

Building 358 400 Colleran Road Aberdeen Proving Ground, MD 21005

POC Quentin C Wagner 410-278-0664 quentin.c.wagner.civ@mail.mil

1.6.5 Accounting for Test Items Consumed and Used In the Conduct of Quality Assurance Lot Testing. The contractor shall pay for the transportation and the quantities consumed, expended, and otherwise rendered unusable because of testing. The Contractor will pay for the actual testing conducted at the appropriate Test facility. In the event of a lot failure, the contractor shall pay for any costs related to failed lots, including test items, test costs and shipping costs. Quantities consumed during the conduct of Lot Acceptance Testing (LAT) will not be included as part of deliverable quantities stated in this contract.

1.7 Quality Management System (QMS).

1.7.1 The Contractor shall have a QMS that follows the requirements of FAR 52.246-11 contained in this contract. The Contractor shall establish, document, implement and maintain a QMS and continually improve its effectiveness IAW the requirements of ISO 9001:2015, or the latest equivalent. All requirements of the contract apply to Subcontractors and Suppliers. The Contractor shall monitor, assess, and audit quality and reliability of the QMS at all Subcontractor and Supplier facilities.

1.7.2 The Contractor shall maintain a calibration system IAW ISO 9001:2015, Section 7.1.5, Monitoring and Measuring Resources to ensure that all test, inspection, measurement, and diagnostic equipment; including all accessories and ancillary equipment, are calibrated, identified, labeled appropriately, and the calibration is traceable to national measurement standards from the National Institute of Standards and Technology (NIST).

1.7.3 The Contractor shall use manufacturing process controls and data-driven measurements and evaluations capable of enabling the correction, prevention, or reduction of undesirable effects for the product under contract.

The results of implemented correction, prevention or reduction efforts shall be shared with the Government.

1.7.4 Quality Audits. The Government reserves the right to audit the Contractor’s QMS for all products, processes and the QMS at any stage of the contract performance related to the contract. These audits may be of the QMS, a particular process, or the product. These reviews and audits by the Government will not relieve the Contractor of their responsibility. A Production Readiness Review (PRR) is required prior to full rate production.

1.7.5 Subcontractor and Supplier Management. The Contractor shall be responsible for work performed by their Subcontractors and Suppliers including any inspections and tests. The Contractor shall ensure that all applicable quality requirements, associated specifications, and all contractual requirements applicable to the component or materials, and spare part are conveyed contractually to their Subcontractors and Suppliers, and that compliance is verified for the ordering period of the contract. The Contractor shall allow the KO or their authorized representative(s) to enter the Contractor’s or any Subcontractor and Supplier facility for the purpose of audits, production surveillance, verification, and observation during contract performance. The Contractor shall identify all Subcontractors and Suppliers of all components or processes in accordance with the PPP as defined in paragraph

1.7.7. The Contractor shall maintain documented evidence that the Subcontractors and Suppliers meet all criteria related to the QMS, contract materials and processes, including compliance with ISO 9001:2015 or equivalent QMS Industry standard. Component Subcontractors shall be included in the Contract as Places of Performance in order for DCMA to delegate oversight to the appropriate DCMA offices.

The Contractor shall monitor, assess, and audit quality and reliability at all subcontractor and supplier facilities IAW ISO 9001:2015, Clause 8.4, 8.5, 8.6, 8.7. The Contractor shall ensure that all procedures and policies for managing Subcontractor and Supplier quality are documented. The Contractor is responsible for flowing applicable requirements to Subcontractors and Suppliers, assessing Subcontractor and Suppliers capabilities, verifying compliance of Subcontractors and Suppliers.

The Contractor shall maintain a list of sole source materials. The Contractor shall provide an updated list of sole source materials within 5 working days of approval by the Government during the ordering period of the contract.

The Prime Contractor shall include any agreements with the Suppliers and Subcontractor to address the sole source nature of the SAPI and contingency plans for potential short-term, long-term impacts and a recovery strategy that meets product requirements and contract schedule

1.7.6 Quality Manual. The Contractor shall plan for achieving customer satisfaction and assure that the product meets contractual and internal requirements. The Contractor shall establish and maintain a Quality Manual that is compliant with the requirements of ISO 9001:2015 or higher Industry Standard for Quality Management System.

The Contractor shall submit the Quality Manual for Government review and acceptance with their proposal package.

Copies should be submitted to the KO and appropriate DCMA representative. The Quality Manual must include:

the scope of the QMS, the documented procedures established for the QMS, and a description of the interaction between the processes of the QMS. All procedures describing the activities needed to implement the system shall be submitted in their entirety. The Quality Manual and the crosswalk matrix shall be submitted in electronic format Microsoft Word; electronic mail is the preferred method of delivery.

1.7.7 Production Process Package (PPP). The Contractor shall develop, maintain, and update a design specific PPP using the Engineering Change Request (ECR) process defined herein. The Contractor shall deliver the PPP to the Government for review and acceptance by the KO. The PPP submission shall be prepared in conjunction with the First Article build, and is required ten (10) working days prior to FAT submission (based on DCMA signed date on DD Form 1222). Copies should be submitted to the KO, and appropriate DCMA office. The PPP must be accepted by the KO prior to issuance of the FAT Approval Letter. Government acceptance of the PPP does not relieve the Contractor from their responsibility to ensure that all production documentation, processes and procedures shall be effective, product development and realization is demonstrated and available to the Government;

and that all documentation, processes and procedures shall yield an effective product that meets all product specifications as stated in the contract and performance specification. The KO will provide written approval notification no later than thirty (30) working days from receipt of the technically acceptable PPP. If the PPP is determined to be technically insufficient, the PPP will be rejected for appropriate correction and resubmission; the Contractor shall resubmit the corrected PPP within ten (10) working days of notification from the Government. The Government will have an additional twenty (20) working days from receipt of the updated PPP to evaluate the resubmitted product, determine if it is technically acceptable, and provide written disposition (approval or rejection).

If the product is deemed technically unacceptance, the same process defined above will be followed. The Contractor is responsible for all associated delays because of submitting a technically insufficient PPP.

The PPP shall include detailed production information, to include at a minimum:

Section 1:

o Company name o Contract Number o Approval Authority (Contractor’s designee for internal approval) o Approval Date o Design designation (per design) o Product description (per design)

Section 2 (per design):

o Raw materials o Raw material suppliers o Identify all materials that have a shelf-life

Section 3:

o FAT component material test data and certifications (to include Berry Amendment compliance certification for all applicable materials); all test reports shall identify the Investigators/Title and approval authority for the test. All test reports submitted as part of the PPP shall, at a minimum, contain the following information: test report number, test date, the material tested, Lot number, Customer name, Customer P.O. Number, BOM (with appropriate identification number), Government Contract Number, test standard, quantity, requirement for acceptance, test performance value, pass or fail results, date report was approved, the investigator (name and signature) and test report approval authority (name, title and signature). The laboratory name, laboratory certification information, and location shall be identified on all reports. The Contractor shall submit test reports for the specific product/design configuration submitted and approved by the Government; test reports shall not be older than 180 days. The contractor shall verify and validate all sizes of the design.

Section 4:

o All work instructions shall be provided and referenced in the Process Control Plan (Attachment in

Section J – PM SPE Form 15).

Section 5: The PPP shall also include detailed process information, to include at a minimum:

o Process Flow Chart (to include all steps, critical inspection points and sequence in the manufacturing process) o Process Control Plan, to follow steps in process flow chart, including:

Process/operation number and description; all critical processes shall include an explanation as to why a process is considered critical or mandatory to the manufacture of the item or part.

Machinery/equipment/tools Product/process characteristic to be controlled

Specification/tolerances Reference drawing/criteria Evaluation/measurement method Sample size and frequency Control method Reaction plan A statement as to whether or not the process or portions thereof are considered contractor proprietary and the status of Government rights in technical data.

Section 6: The Contractor shall develop Technical Data Package (TDP-Production Level) in compliance with MIL-STD-31000A. The Contractor shall ensure completeness and accuracy of the TDP data in describing the design, all subassemblies, and component parts. The design described by the TDP documents is that configuration submitted for FAT and approval. The TDP delivered to the Government is for configuration management and will be used to assess product conformance, inspection, and failure analysis. TDP for all design variants, to include the following as a minimum shall be included in the submission:

o Product/Safety Data Sheets o Design nomenclature o Drawing/Pattern by size o Material configuration by size

Type of materials used Build Sheet/Cut Patterns Dry layup and assembly Orientation and sequence of layers of the design Packaging Instruction document o Standard Temperature and Pressure Range, and Time for Processing o The Contractor shall submit samples to the government IAW the performance description prior to

FAT. The Government will treat all information provided as Proprietary and deem it close hold with restricted access. This information is required by the Government in order to baseline and to maintain configuration management of the submitted design. The Contractor shall minimize the use of proprietary materials and sole source materials in the design. The Contractor shall disclose any remaining proprietary materials or sole source materials to enable the government to maintain effective life-cycle planning. A list of each proprietary materials and sole source materials by category shall be delivered to the Government as part of the TDP. Any changes to the TDP or manufacturing process shall be in compliance with the change process defined in ECR paragraph.

o Production Master Schedule (this schedule is an integrated schedule that shows subcontractor material incoming materials, prime contractor setup and surveillance of their subcontractors, material delivery to the government, etc.)

The Contractor shall submit the PPP in electronic format. All internal documentation must state the controlled document revision used for the PPP under consideration. The PPP is design specific, the contractor shall ensure that the information submitted in the PPP represents all design variants and is clearly identified by size/design type (direction of material, changes in material processing – coating process, design type (protection level, etc.)

1.8 Limited Life Materials – Quality. The Contractor shall ensure that shelf life, date of manufacture, and expiration date are provided to the Government for all limited life materials, and shall be recorded on the appropriate CoCs. The Contractor shall seek to use limited life materials with as much remaining life as practicable, and expired limited life materials shall not be used in the end item manufacturing process unless otherwise approved in writing by the Government.

1.9 Warranty. The Contractor is required to deliver a product that conforms, and continues to conform, to contractual requirements after acceptance. The warranty period shall be 365 calendar days from the date of acceptance of each lot, and the Government shall give written notice to the Contractor of any breach of warranties within 60 days of the Government’s discovery of any defect or other warranty breach. Products provided shall comply with FAR Clause FAR 52.246-17 Warranty of Supplies of a Noncomplex Nature, (June 2003).

If the Contractor offers a standard warranty for any item the Government purchases or will purchase under the contract, and that warranty exceeds 365 days, the Government shall receive the benefit of the longer warranty period as well as any standard warranty terms that are more favorable to the Government than the warranty terms contained in FAR 52.246-17. Additionally, the Contractor shall deliver to the Government the written terms of the standard warranty for use in returning non-conforming products identified after acceptance. Even if a standard warranty is supplied, the conditions for return, correction, or replacement to the Government, as stated in FAR 52.246-17, shall apply, unless the Contracting Officer determines the terms of the standard warranty are more favorable to the Government, in which case the Contracting Officer may elect to use the standard warranty provisions.

1.10 Workmanship. The finished product shall conform to the quality requirements established by CO/PD 00- 03 Revision G. The Contractor shall verify and validate that all fabrication procedures will yield quality workmanship to meet product specification and contract requirements. All materials to be used in the construction shall consist of quality levels to assure conformance to all requirements, unless otherwise authorized. All workmanship shall be conducted to eliminate and avoid human induced defects. Manufacturing practices shall be capable of consistently yielding product that conforms to all requirements in this purchase description and internal specifications for the product and their components. All component materials shall be properly marked and identified, and protected during storage. Materials shall be produced and integrated to extend durability and provide consistency of appearance throughout life of the product. Material layers shall be free of contaminants (such as, but not limited to: foreign object debris, any media not associated with the technical data package, loose fragments of component materials/adhesives, operator elements not part of component materials, cleaning residue) which may result in de-lamination between layers. Material interfaces shall be compatible and ensure ease of use. The Contractor shall ensure that the finished product, all subcomponents and parts are free of foreign objects, scaling, burrs, frayed edges, material tears, torn edges, stains, holes and other imperfections when visually examined.

Government testing and inspection may include destructive deconstruction examination and visual examination using nondestructive test methods (X-Ray, Microscopic analysis, Liquid penetrant inspection, Ultrasonic testing, and CT Scanning or other like technologies) to assessment product compliance. This section is applicable to all material or components of the product whether furnished by the Prime Contractor or by any of their suppliers or subcontractors. In any case, of material, process, or equipment change desired to be made by the Contractor, the written consent of the Government shall be obtained before making the change.

2 Configuration Management.

2.1 Configuration Management. The Contractor shall establish a configuration management program for SAPI that addresses all new and/or modified hardware, firmware, software and documentation resulting from this contract. The Contractor, at no additional cost to the Government, shall correct all non-conformances. The Contractor shall use configuration control to manage proposed changes beginning with the submission of the FAT item(s). Configuration control shall be used to document the impact of proposed changes and to update configuration documentation. Following acceptance of the FAT Unit(s), the Contractor shall not alter the design in form, fit, or function without an approved ECR and approval from the KO.

2.2 Engineering Change Request (ECR). The Contractor shall prepare ECRs for any process or product changes proposed after FAT/PPP approval and submit them to the Government for concurrence. An ECR can be an Engineering Change Proposal (ECP), a Request for Waiver (RFW), or a Request for Deviation (RFD). An ECP is a permanent change to a configuration item. A RFD is a temporary change to a configuration before production. A RFW is a temporary change to a configuration after production. ECR (select type of change requested: ECP, RFW or RFD) submissions must be on the Attachment in Section J – PM SPE Form 1. The Government will approve or disapprove a submitted ECR with any modifications to the agreed to product or process; the Contractor shall not implement any changes nor make modifications prior to Government approval of the ECR. The Government will determine the need for a new FAT based upon the proposed changes. Cost for a new FAT will be borne by the Contractor.

2.3 Configuration Status Accounting (CSA). All baselines, Engineering Change Proposals (ECPs), deviations, and waivers shall be documented in the Contractor’s configuration status accounting database.

2.4 Production Control of Critical Safety Items (CSIs).

2.4.1 The SAPI is considered a CSI and Material Review Board (MRB) authority is withheld from the contractor; see section H of this contract. The contractor shall notify the Government of any changes in their business status or relationship with the approved source(s) after award of this contract (e.g. inability to obtain manufacturing process information; or changes in status of authorized dealer/distributor, or in terms of licensing arrangement). The Contractor shall immediately provide notification, documentation and any request for process changes to the KO.

2.4.2 The Contractor shall immediately notify the Contracting Officer of any of the following changes prior to implementation; Contractor shall not proceed with manufacturing without written approval from the Contracting Officer:

1. Revisions to drawings, specifications, or standards using the ECR process;

2. Changes is material;

3. Changes in the manufacturing process;

4. A change in the approved source's manufacturing location; or

5. A transfer of manufacturing facilities for any approved source since FAT manufacture

2.4.3 The Contractor shall provide assurance that any product designated CSI(s) in the contract to be provided to the Government:

Is in full compliance with all requirements specified in the contract and PD; and

1. is not a factory second

2. is not changed, mutilated, or rebranded; "Rebranding" means remarking, re-labeling; repackaging, or otherwise obscuring…